Madlin Sims of Capital Kids Parties illegally fired Madelin because she voted NO to gay marriage
Employment Minister Michaelia Cash says a Canberra small-business owner has violated a fundamental freedom by publicly claiming to have “fired” Madeline (picture above) a Christian teenager because she opposed same-sex marriage.
Madlin Sims, owner of Capital Kids Parties, posted on Facebook on Sunday night that she had “fired a staff member” because they “made it public knowledge that they feel it’s okay to vote no” in the same-sex marriage postal survey.
“Voting no is homophobic. Advertising your homophobia is hate speech,” Ms Sims said. “As a business owner I can’t have somebody who publicly represents my business posting hate speech online.”
Yesterday federal workplace investigators were seeking to interview the Christian teenager, who wishes to be identified only as “Madeline”. However, the Fair Work Ombudsman may have no jurisdiction if the teenager was engaged as a contractor, as Ms Sims said in subsequent Facebook posts.
Employment lawyers suggested the termination of an independent contractor in Canberra because they opposed same-sex marriage could be unlawful because it may constitute a breach of ACT anti-discrimination protections. A spokesman for Attorney-General George Brandis said it was not appropriate to comment on individual cases when asked if there could be a breach of the special anti-vilification safeguards passed by parliament last week to accompany the postal survey.
MPs on both sides of politics argued that nobody should lose their job over how they were voting in the survey. Bill Shorten said “people should not be dismissed from their employment” for “having different views about marriage equality”.
Senator Cash told The Australian that freedom of expression was a “fundamental part of our lives as Australians” and urged employers to heed relevant anti-discrimination laws for the duration of the postal survey.
“The action taken, and the statement issued by Ms Sims, in relation to why she fired her staff member violates this fundamental freedom,” Senator Cash said.
In a statement posted on Instagram yesterday, Ms Sims said she acknowledged her actions had been “perceived as suppressing freedom of speech”, but argued this was “simply not the case”.
“Freedom of speech … does not always come without consequence,” she said. “The consequence of Madeline’s actions were my ceasing engagement in our business partnership. Madeline was not fired, as she was a contractor.”
A spokesman for the Fair Work Ombudsman said the agency’s investigators were seeking to interview Madeline and Ms Sims over the teenager’s alleged dismissal.
Under the Fair Work Act, unlawful workplace discrimination occurs when an employer takes adverse action against an employee or prospective employee due to their political opinions.
Adverse action includes dismissing an employee for a discriminatory reason. The protections cover full-time, part time and casual employees, probationary employees, apprentices, trainees and individuals employed for fixed periods of time or tasks.
However, Ms Sims posted on social media on Tuesday that she employed Madeline as a contractor and stood by her decision to “let go of this contractor”. If Madeline is a contractor, she would fall outside FWO’s jurisdiction.
Managing legal director at Bradley Allen Love, John Wilson, yesterday argued there was an “apparent breach” of the ACT Discrimination Act which protects contractors from discriminatory behaviour. Below is the image of Ms Sims, the owner of Capital Kids Parties in a soft porn photo.
